HYDERABAD: With the Supreme Court upholding the Telangana High Court order disqualifying Danam Nagender as an MLA, a cloud of uncertainty hangs over the membership of nine other legislators who allegedly defected from the BRS to the ruling Congress.
However, constitutional experts aver that the apex court verdict will not have any direct implication on their future.
Weighing in on the issue, constitutional expert S Ramakrishna Reddy opined that the Supreme Court has “recognised the fact that Nagender by filing a B-form on behalf of the Congress had voluntarily given up the membership of the BRS”.
The high court took cognizance of the fact that Nagender had contested against a BRS candidate in the Lok Sabha elections despite being a BRS MLA. Thus there is clear evidence that he intentionally and openly gave up BRS membership and contested on the Congress ticket. He thus attracted disqualification under Para 2(2) of the 10th Schedule of the Constitution, he said.
Ramakrishna, however, contended that this cannot be applied to others.
“The cases of other MLAs are different. Their fate would depend on what evidence has been presented by the BRS before the Assembly Speaker. It is for the high court to appreciate that evidence and take a decision,” he said, adding that the “other BRS MLAs did join the Congress but they had not joined it at the time of inquiry before the Speaker”.
